Respect doctors and protect health (adhere to and improve the people’s congress system)
Treating patients under a shadowless lamp for more than ten hours, and guarding lives on the front line of the epidemic… For a long time, the majority of medical workers have always adhered to the people’s supremacy, life first, and wholeheartedly served the people’s health.
How to protect the legitimate rights and benefits of doctors, improve the duties and obligations of doctors, and promote the creation of a good atmosphere of respect for doctors and health care? Recently, the 30th meeting of the Standing Committee of the 13th National People’s Congress voted to pass the “Physician Law of the People’s Republic of China”, focusing on strengthening the training of shortage of professional doctors, strengthening the construction of grassroots doctors, and protecting the legitimate rights and interests of doctors.
Protect the legal rights and benefits of doctors
Effectively prevent and crack down on medical-related illegal and criminal acts in accordance with the law
“If you trust with your life, I will do my best.” Doctors are the gatekeepers to protect people’s health. The steady improvement of the level of medical services in my country and the continuous improvement of the health of urban and rural residents are inseparable from the hard work of the doctors. Doctors protect the lives and health of hundreds of millions of people. Similarly, their safety and rights need to be cared for.
In this regard, the Physician Law further improves the protection of the rights and interests of physicians and reflects the care and love for physicians. For example, medical and health institutions should provide physicians with occupational safety and health protection products, and take effective health protection and medical care measures. If a doctor is injured by an accident or caused illness or death due to exposure to toxic or harmful factors in professional activities, he shall enjoy work-related injury insurance benefits in accordance with the provisions of relevant laws and administrative regulations.
In order to better protect the rights and interests of physicians, the Physician Law is clear: the state establishes a sound personnel, salary, title, and reward system that reflects the professional characteristics and technical labor value of physicians. Physicians working at the grass-roots level and in difficult and remote areas enjoy subsidies and subsidies in accordance with relevant national regulations, and enjoy preferential treatment in terms of professional title evaluation, career development, education and training, and commendation and rewards.
Tong Zhaohui, deputy dean of Beijing Chaoyang Hospital affiliated to Capital Medical University, said that the Physician Law comprehensively protects the legitimate rights and interests of physicians and fully reflects the care and care for physicians. It is of great significance to create a good atmosphere of respect for physicians in the whole society.
For a period of time, incidents of violent injuries to doctors have repeatedly become the focus of society. Legislation has responded to how to cast a good practice shield for doctors from the legal level and promote the harmony between doctors and patients.
In order to ensure the safety of medical personnel in practice, the Physician Law not only clarifies in the General Regulations that the personal dignity and personal safety of doctors are not violated, but also stipulates: prohibit any organization or individual from obstructing the practice of doctors in accordance with the law, interfering with the normal work and life of doctors; prohibiting insults and defamation , Threats, beatings, etc., infringe on the doctor’s personal dignity and personal safety.
A new chapter “Guarantee Measures” has been added to the Physician Law, which further stipulates that medical and health institutions should improve safety and security measures, maintain a good medical order, promptly and proactively resolve medical disputes, and ensure the safety of doctors’ practice.
Meng Qiang, an associate professor at the Beijing Institute of Technology Law School, said that this regulation will play a very important role in preventing violent injuries to doctors and safeguarding the safety of medical staff.
When reviewing the draft law on doctors, members of the Standing Committee of the National People’s Congress stated that respect for doctors and guardians should not only be reflected in the prevention and control of the epidemic, but should also become the norm for the whole society. All sectors of society must join hands to ensure that doctors Some sense of security and professional dignity promote the formation of a good fashion of respecting doctors and respecting health.
Further clarify the duties and obligations of physicians
Comply with relevant clinical operating regulations and medical ethics regulations
In January 2020, a nurse in Kunming, Yunnan, performed chest compressions for a boy who fell on the street. However, it raised questions about the professionalism of his emergency operations. Some critics believed that her rescue method was wrong, and it did not affect the patient’s condition. Help, but it is easy to cause secondary damage.
In recent years, there have been cases in which doctors rescued in public places in emergencies. The environment of public places is different from that of medical places. First-aid equipment and medicine configuration or imperfection may not succeed in saving the lives of patients, and there are certain risks. If the patient dies, the rescuer will often be under greater pressure.
“In this case, only by exempting the rescuer from civil liability, can the doctor have no worries for rescue.” Meng Qiang said.
In order to encourage physicians to actively participate in treatment activities in public places, the Physician Law stipulates that physicians shall not bear civil liability for damages to recipients caused by voluntary first aid.
There are rights and obligations. While the Physician Law makes a series of institutional arrangements for the protection of the legitimate rights and interests of doctors, it also stipulates that doctors must practice strictly according to the law and effectively protect the rights and interests of patients.
Liu Qian, deputy chairman of the Education, Science, Culture and Health Committee of the National People’s Congress, introduced that the Physician Law will promote the noble professionalism of physicians and other new concepts into the law, stipulating that physicians should adhere to the people’s supremacy, life supremacy, carry forward the spirit of humanitarianism, promote respect for life, save the dead and heal the wounded, and be willing. The noble professional spirit of dedication and great love.
The Physician Law stipulates that doctors who conduct clinical trials of drugs and medical devices and other medical clinical research shall comply with relevant national regulations, comply with medical ethics regulations, pass ethical reviews in accordance with the law, and obtain written informed consent. Physicians should adhere to the principles of safe, effective, economical and reasonable medication, and follow the guidelines for clinical application of drugs, clinical diagnosis and treatment guidelines, and drug instructions for rational use of drugs.
Liu Qian introduced that the Physician Law also actively summarizes and absorbs successful experience and practices in epidemic prevention and control. For example, it is stipulated that the state establishes a doctor training and use mechanism that adapts to the modern disease prevention and control system; when there is an emergency, the doctor should obey the dispatch of the health authority; when the doctor discovers infectious diseases, sudden diseases of unknown cause, and abnormal health events Have the obligation to report in a timely manner; commend and reward physicians who have performed outstandingly in prevention and early warning, rescue of deaths and injuries.
The Physician Law clarifies that doctors “obtain a doctor’s qualification certificate or practice certificate by improper means”, “seriously violate the professional ethics of doctors, medical ethics”, do not obey dispatch in emergencies, and carry out prohibited medical technology clinical applications, etc. Consequences, and penalties for illegal activities such as non-physicians practicing medicine.
Li Rui, a member of the Standing Committee of the National People’s Congress, said that the Physician Law has perfected and refined the legal responsibilities for violating the practice norms of physicians, further regulated the practice of physicians, and clarified relevant laws and regulations in order to encourage physicians to practice strictly in accordance with the law and effectively protect the rights and interests of patients.
Improve physician registration management and other systems
Multi-point practice should be based on one of the medical and health institutions
In 2020, there will be 4.08 million licensed physicians and licensed assistant physicians nationwide. The “14th Five-Year Plan” and the 2035 long-term goal outline proposed to improve the quality and scale of medical staff training, and expand the scale of shortages of pediatrics and general practitioners.
In order to further strengthen the training of professional physicians in short supply, the physician law is clear: the state formulates a physician training plan, establishes a physician training and supply-demand balance mechanism that meets the characteristics of the industry and social needs, coordinates the needs of various medical talents, and strengthens general practice, pediatrics, psychiatry, and elderly Cultivation of medical professionals who are in short supply. Strengthen the construction of a talent team for disease prevention and control.
The Physician Law upgrades the minimum academic qualifications required to participate in the physician qualification examination from technical secondary school to junior college.
“The increase in the level of doctors’ academic qualifications is conducive to optimizing and perfecting the doctor training system, and improving the fairness of medical technology and medical and health services.” Tong Zhaohui said.
Regarding the issue of the legality of “interns”, the Physician Law stipulates that medical students who have participated in clinical teaching practice and medical graduates who have not obtained a doctor’s practice certificate and have participated in medical professional work practice in medical and health institutions shall be supervised and guided by practicing doctors. Participate in clinical diagnosis and treatment activities. Medical and health institutions shall provide necessary conditions for relevant medical students and medical graduates to participate in clinical diagnosis and treatment activities.
In November 2014, the former National Health and Family Planning Commission, the National Development and Reform Commission and other departments promoted and regulated the practice of doctors at multiple points, and doctors “registered once, effective in the region”.
In order to actively and steadily promote the multi-point practice of doctors and further clarify the practice rules of doctors, the Doctors Law stipulates that: if a doctor regularly practices in two or more medical and health institutions, he should focus on one medical and health institution and go through relevant procedures in accordance with relevant national regulations. The state encourages physicians to regularly designate medical and health institutions below the county level, including township health centers, village clinics, community health service centers, etc., to provide medical and health services. The main practice institution shall support and provide convenience.
For a long time, many places have reported that primary-level doctors cannot be recruited or retained. In order to strengthen the construction of primary health teams, the Physician Law stipulates that the state shall strengthen the training and deployment of primary medical and health personnel focusing on general practitioners through various channels; the state shall take measures to coordinate urban and rural resources and strengthen the construction of primary medical and health teams and service capabilities Establish a career development mechanism for rural medical and health personnel across counties and villages, and incorporate rural medical and health personnel into the management of county medical and health personnel through methods such as county management of townships and village employment.
Tong Zhaohui said that such provisions of the law are conducive to encouraging the flow of outstanding medical forces to the grassroots level, solving the practical problems that grassroots doctors cannot recruit and retain, and provide strong talent support for the implementation of the healthy China strategy.
Yang Zhen, a member of the Standing Committee of the National People’s Congress, said that it is necessary to further use the “Internet + medical and health” to strengthen the construction of grassroots health teams, and use modern technology to make up for the shortage of grassroots personnel and insufficient resources, so that remote areas and rural areas can enjoy better and better health. Convenient medical services.